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produced or emitted from coal beds or any related associated or adjacent rock materials) and other <br />substances therein and thereon, for all purposes (except the coal mining rights conveyed to Lessee <br />hereunder and the other uses of the Leased Premises hereinbefore expressly set forth as leased to <br />Lessee), including without limitation the right and privilege of searching for, mining and removing <br />coal from the Menefee "A" Seam, the right and privilege for marketing, using, transporting, shipping <br />and selling coal and other products of coal. <br />2.2 Manner of Exercising Rights Excepted and Reserved: BeneSt <br />The rights and privileges hereinabove excepted and reserved to Lessor shall be exercised with <br />I <br />due regard for the operations of Lessee hereunder, and in such manner as not unreasonably to <br />interfere with or affect the Honing operations of Lessee and the exercise of the rights herein demised <br />to it. Any and all such rights and privileges hereby excepted and reserved shall inure fo the benefit <br />of and may be exercised by Lessor and its successors or assigns. <br />2.3 Third Party Rights; Compliance with Title Documents <br />This Lease is made expressly subject to all to the terms, provisions and conditions of: all deeds <br />and other muniments oftitle under which Lessor holds title to the Leased Premises; outstanding rights <br />covering electric power, gas, telephone, and other utility lines over, across and under the Leased <br />Premises; public highways; raiUoad rights of way, whether in fee simple or by way 'of easement; <br />outstanding estates and rights in and with respect to timber and the marketing thereof all existing <br />deeds or agreements by which surface ownership, easements or other rights of way have been <br />heretofore conveyed to others; and presently existing leases. Lessee does hereby undertake to protect <br />and preserve from damage caused by Lessee's operations all electric power, telephone, gas and utility <br />lines, and all other structures or improvements, heretofore or hereafter erected under any deeds or <br />agreements heretofore made, and to be responsible for any damage caused thereto by operations of <br />Lessee hereunder; and Lessee covenants with Lessor that in Lessee's operations hereunder it will not <br />violate any ofthe terms, provisions and conditions of any deed or other muniment of title~under which <br />Lessor owns the Leased Premises and will not violate the rights o£ any third persons not parties to <br />this Lease, whether those rights are a matter of pubhc record or apparent from an examination of the <br />Leased Premises or otherwise. Lessor represents to Lessee that Lessor is the owner of the coal <br />leased hereunder. ' <br />Section 3. No Warranty of Title; Superior Title; Defense of Title <br />This Lease is made without any express or implied warranty of Lessor's title to the Leased <br />Premises or any part thereof, without express or implied warranty of the quantity, quality, minability <br />or merchantability of coal (if any) contained in the Leased Premises, and without express or implied <br />covenants of right to lease, quiet enjoyment or peaceful possession. <br />Page 2 of 17 <br />